Validity: indefinitely

Transcription

1 luo Regulation 1 (8) OPS M1-32 Issued: 23 December 2016 Enters into force: 1 January 2017 Legal basis: Aviation Act (864/2014), Sections 9, 57 and 70 Validity: indefinitely Implemented EU legislation: - Modification details: This regulation shall revoke the earlier aviation regulation OPS M1-32 on the use of remotely piloted aircraft and model aircraft (TRAFI/4482/ /2015), issued by the Finnish Transport Safety Agency on 9 October USE OF REMOTELY PILOTED AIRCRAFT AND MODEL AIRCRAFT 1 SCOPE OF APPLICATION DEFINITIONS REMOTELY PILOTED AIRCRAFT OPERATIONS MODEL AIRCRAFT FLYING EXEMPTIONS SCOPE OF APPLICATION This Regulation governs the use of remotely piloted aircraft, and of model aircraft weighing more than 250 g, in Finland. The regulation is not applicable to the use of such aircraft indoors or to military aviation. 2 DEFINITIONS For the purposes of this Regulation, aerial work means the use of an aircraft for specialised services; airport means an aerodrome where flight information service, alerting service, air traffic advisory service and air traffic control service is permanently provided; beyond visual line-of-sight (BVLOS) operation means an operation in which the remote pilot maintains contact with the remotely piloted aircraft with the help of instrumentation; commander of a remotely piloted aircraft means a remote pilot appointed by the operator or owner of a remotely piloted aircraft, or an individual who is in charge of a remotely piloted flight and who is in command and has responsibility for safety during the flight; densely populated area means a residential area with a population of at least 200 and where the distance between residential properties does not exceed 200 metres; free-flight model aircraft means a model aircraft that cannot be controlled during flight; holder of a remotely piloted aircraft means a natural or legal person to whom an aircraft has been entrusted; Finnish Transport Safety Agency PO Box 320, FI Helsinki tel , fax Business ID

2 2 (8) model aircraft means a device designed for flight that does not carry a pilot and that is used for recreational or sporting purposes, excluding toy aircraft designed or intended for use, whether or not exclusively, in play by children under 14 years of age; model aircraft flying area means a predetermined area published in the aeronautical information system, where it is allowed to deviate from the maximum flying height; Occurrence Regulation means Regulation (EU) No 376/2014 of the European Parliament and of the Council on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007; operator of a remotely piloted aircraft means a natural or legal person to whom the owner or holder of an aircraft has given the aircraft to use; owner of a remotely piloted aircraft means a natural or legal person who owns a remotely piloted aircraft; pilot means a person in charge of flying a model aircraft; remote pilot means an individual who is familiar with the use of a remotely piloted aircraft and who manipulates the flight controls during flight time; remote pilot station (RPS) means a component of a remotely piloted aircraft system containing the equipment used to pilot the remotely piloted aircraft; remotely piloted aircraft (RPA) means an unmanned aircraft that is piloted from a remote pilot station and used for aerial work; remotely piloted aircraft system (RPAS) means a remotely piloted aircraft, its associated remote pilot stations, the required command and control links and any other specified system components that are required for the use of remotely piloted aircraft; RPA observer means an individual authorised by a remote pilot to keep visual contact with the remotely piloted aircraft and to assist the remote pilot in the safe conduct of the flight; take-off mass means the total mass of an unmanned aircraft when the take-off is commenced, including all equipment on board; unmanned aircraft (UA) means an aircraft that is designed to fly without a pilot on board; this does not include model aircraft; visual line-of-sight (VLOS) operation means an operation in which the remote pilot or RPA observer maintains direct unaided visual contact with the remotely piloted aircraft. First Person View (FPV) operations are not regarded as VLOS operations.

3 3 (8) 3 REMOTELY PILOTED AIRCRAFT OPERATIONS 3.1 GENERAL REQUIREMENTS No aerial work certificate is required for the use of remotely piloted aircraft for aviation purposes as defined in this Regulation, and the use of remotely piloted aircraft for aviation purposes is excluded from the scope of other provisions on aerial work Operators of remotely piloted aircraft must provide the Finnish Transport Safety Agency with the following information: a) Details of the operator; b) Basic technical information concerning the aircraft; c) Nature and scope of the operations; d) Information about whether operations are to take place over densely populated areas; e) Information about whether operations are to take place over an open-air assembly of persons The notification must be given before a remotely piloted aircraft is used for aviation purposes for the first time. Operators of remotely piloted aircraft must notify the Finnish Transport Safety Agency without delay of any changes to the information provided All flights must be arranged so as to minimise risks to outsiders and their property as well as noise pollution Flights must not endanger, inconvenience or prevent the operations of any unit or authority that arrives to the site for an emergency, accident, rescue operation or other similar exceptional situation Remote pilots must be able to operate aircraft safely and be familiar with emergency procedures. The person responsible for a remotely piloted flight shall be at least 18 years of age All remotely piloted aircraft must be equipped with a system, or alternatively the remote pilot must have a procedure in place, for dealing with a breakdown in communications relating to the control or monitoring of the aircraft or a fault in the aircraft that results in loss of control. The system or procedure must ensure that risks to outsiders and their property are minimised All remotely piloted aircraft must carry the name and contact details of the operator The following details must be logged for all remotely piloted flights: a) Date; b) Location; c) Commander of the aircraft;

4 4 (8) d) Manufacturer and model of the aircraft; e) The start and end time of the flight or series of flights; f) Whether the flight is 1) a visual line-of-sight (VLOS) operation, or 2) a beyond visual line-of-sight (BVLOS) operation; and g) The nature of the flight operation and, where applicable, the presence of an RPA observer Details of the flights must be stored for a period of three years When a remotely piloted aircraft is used in an area where other aviation operations are not prohibited or that has not been specifically designated for flying unmanned aircraft, the following conditions must be satisfied unless the Finnish Transport Safety Agency has granted an exemption pursuant to paragraph 5 of this regulation: a) The take-off mass of the aircraft must not exceed 25 kilograms; b) The operation must be based on visual line-of-sight. The aircraft must be controllable at all times, and the aircraft must be flown close enough to the remote pilot or RPA observer to enable other air traffic and obstacles to be detected and the need to take evasive action to be evaluated reliably on the basis of direct visual contact without the help of instrumentation, taking account of the prevailing weather conditions and the amount of daylight; c) If an RPA observer is present, the remote pilot and RPA observer must be able to communicate with each other using a reliable means of communication in the event that direct voice communication is not possible; and d) The flight must take place at an altitude of less than 150 metres from the surface of the ground or water. The altitude restriction does not apply to operations that involve flying in the vicinity of a fixed obstacle (such as a radio mast) at the request of the owner of the object. The altitude restriction is also not applicable to flights in areas designated for flying model aircraft and published in the aeronautical information system, or to operations separately agreed in accordance with paragraph Flying remotely piloted aircraft in the vicinity of an airport, i.e. within a Control Zone (CTR), Flight Information Zone (FIZ) or Radio Mandatory Zone (RMZ), is permitted at altitudes of not more than 50 metres from the surface of the ground or water, provided that the horizontal distance to the runway is at least five kilometres. If aircraft need to be flown closer to a runway or at altitudes exceeding 50 metres in these areas, the flight arrangements must be agreed on separately with the air traffic service provider. However, arrangements must always be made separately with the air traffic service provider when flying aircraft in the control zones of Jyväskylä (EFJY) and Utti (EFUT) airports. In addition, flights below the area EFHK CTR SOUTH always need to be agreed with the air traffic service provider for Helsinki-Vantaa Airport (EFHK).

5 5 (8) When flying remotely piloted aircraft, special attention must be given to air traffic in the vicinity of uncontrolled aerodromes and heliports, and any local instructions must be followed where applicable Remotely piloted aircraft must give way to other aircraft Flying a remotely piloted aircraft over an open-air assembly of persons or over a densely populated area is only permitted if the following requirements are met: a) The maximum take-off mass of the aircraft must not exceed 7 kilograms. Any rescue device attached to the aircraft is not counted in the take-off mass; b) The aircraft must be flown in direct visual contact; c) The aircraft must be flown at an altitude that allows the aircraft to be landed in an emergency in a manner that minimises risks to outsiders or their property, or the aircraft must be so equipped or have such characteristics that risks to outsiders and their property are minimal; d) The operator of the remotely piloted aircraft shall have drawn up a written safety assessment for the specific operation, in which risks are identified, assessed and mitigated; e) The operator of the remotely piloted aircraft shall have drawn up written operational instructions that include a description of both normal operations and emergency/malfunction procedures; and f) The documents referred to in paragraph d) and e) above shall be kept for a period of at least three months after the operation has ceased, and they must be presented to supervisory authorities upon request Any occurrences involving remotely piloted aircraft, including accidents and serious incidents, must be reported to the Finnish Transport Safety Agency in accordance with the Occurrence Regulation and Advisory Circular GEN T BEYOND VISUAL LINE-OF-SIGHT OPERATIONS Beyond visual line-of-sight (BVLOS) operations are only permitted in areas that are specifically reserved for that purpose. In addition, the operations must meet the following requirements: a) The operator of the remotely piloted aircraft shall have drawn up a written safety assessment of the intended operation, in which risks are identified, assessed and mitigated; b) The operator of the remotely piloted aircraft shall have drawn up written operational instructions that include a description of both normal operations and emergency/malfunction procedures; c) The documents referred to in paragraph a) and b) above shall be kept for a period of at least three months from the date of the operation and presented to supervisory authorities upon request.

6 6 (8) The general requirements in paragraph 3.1 of this regulation must be complied with in BVLOS operations. However, exceptions from the requirements in paragraph b), c) and d) as well as are allowed. 3.3 REQUIREMENTS FOR STATE AVIATION The general requirements in paragraph 3.1 and the requirements on beyond visual lineof-sight operations in paragraph 3.2 of this regulation shall be complied with in state aviation The requirements in paragraph 3.1.8, d) and are not, however, applicable where the nature of statutory duties so requires. In addition, a statutory mission beyond visual line-of-sight can, in individual cases and for especially weighty reasons, be performed without segregating an area from other airspace or reserving it for the specific operations as referred to in paragraph 3.2.1, if the need for the operation could not have been anticipated because of its urgency. The airspace management cell shall be informed of initiation of the activities without delay. Exemption from the requirements also requires that: a) the aircraft operator has made a written safety assessment of the intended operation, including the identification of hazards, risk evaluation and risk mitigation, b) the aircraft operator has drawn up written instructions for the operations, including a description of normal operations as well as abnormal and emergency procedures Notifications as referred to in paragraph and shall be agreed upon separately with the Finnish Transport Safety Agency For state aviation, long-term procedures of a permanent nature may be agreed for meeting the requirements in paragraph of this regulation. The procedures must be coordinated with the air navigation service provider and the Defence Forces For state aviation, special arrangements may be agreed with the airport operator for meeting the requirements in paragraph of this regulation. 4 MODEL AIRCRAFT FLYING 4.1 All flights must be arranged so as to minimise risks to outsiders and their property as well as noise pollution. 4.2 Model aircraft must not be flown over an open-air assembly of persons. 4.3 Flying a model aircraft with a take-off mass not exceeding 3 kilograms over a densely populated area is permitted, provided that the pilot is familiar with the area and has ensured that the device is technically sound and evaluated that the flight can be performed safely. Flying a model aircraft with a take-off mass in excess of 3 kilograms over a densely populated area is not permitted. 4.4 Flights must not endanger, inconvenience or prevent the operations of any unit or authority that arrives to the site for an emergency, accident, rescue operation or other similar exceptional situation.

7 7 (8) 4.5 All model aircraft must carry the name and contact details of the operator. 4.6 The operation must be based on visual line-of-sight. The aircraft must be controllable at all times, and the aircraft must be flown close enough to the pilot to enable other air traffic and obstacles to be detected and the need to take evasive action to be evaluated reliably on the basis of direct visual contact without the help of instrumentation, taking account of the prevailing weather conditions and the amount of daylight. 4.7 First Person View (FPV) flying is allowed using at least one assistant to ensure the safety of the operations. The assistant must be able to observe any other traffic and obstacles and to assess the need for avoidance reliably without instruments. The assistant shall have direct visual contact with the model aircraft and direct voice contact with the pilot without communication devices. 4.8 The flight must take place at an altitude of less than 150 metres from the surface of the ground or water, except in areas that have been designated for flying model aircraft and published in the aeronautical information system. 4.9 Flying model aircraft in the vicinity of an airport, i.e. within a Control Zone (CTR), Flight Information Zone (FIZ) or Radio Mandatory Zone (RMZ), is permitted at altitudes of not more than 50 metres from the surface of the ground or water, provided that the horizontal distance to the runway is at least five kilometres. If aircraft need to be flown closer to a runway or at altitudes exceeding 50 metres in these areas, the flights must be agreed on separately with the air traffic service provider. However, arrangements must always be made separately with the air traffic service provider when flying aircraft in the control zones of Jyväskylä (EFJY) and Utti (EFUT) airports. In addition, flights below the area EFHK CTR SOUTH always need to be agreed with the air traffic service provider for Helsinki-Vantaa Airport (EFHK) When flying model aircraft, special attention must be given to air traffic in the vicinity of uncontrolled aerodromes and heliports, and any local instructions must be followed where applicable Model aircraft must give way to all other aircraft Paragraphs 4.6, 4.8 and 4.11 do not apply to free-flight model aircraft. 5 EXEMPTIONS 5.1 The Finnish Transport Safety Agency may, upon application, grant exemptions from the conditions laid down in paragraphs a), d), a), 4.6 and 4.8 of this Regulation in the event of unforeseen urgent operational circumstances or operational needs of a limited duration, provided that they do not compromise safety. 5.2 The Finnish Transport Safety Agency may, upon application, grant temporary exemptions from the conditions laid down in this Regulation for testing and research purposes, provided that the requested exemptions do not compromise safety. 5.3 When requesting an exemption, applicants must provide a) a written safety assessment in which risks have been identified, assessed and mitigated;

8 8 (8) b) if requested by the Finnish Transport Safety Agency, written operational instructions that include a description of both normal operations and emergency/malfunction procedures. Pekka Henttu Director General of Civil Aviation Päivi Metsävainio Head of Unit